Protecting Hawaiian spinner dolphins from harassment in Big Island waters is not easy

Shortly after federal officer David Aku Carruthers pulled out of Honokōhau Harbor and entered open waters to begin his patrol, he spotted several dorsal fins belonging to Hawaiian spinner dolphins gliding through the calm ocean surface.

But Carruthers, a special agent for the National Oceanic Atmospheric Administration’s Marine Fishery Service, was not looking for marine creatures. He was in search of people who were violating federal law, including those who are swimming, snorkeling or paddling too close to dolphins, or doing other things to harass them.

He did not see any violations during his first stops at popular snorkeling sites Kealakekua, Hōnaunau and Ho‘okena, which were surprisingly uncrowded, but when he navigated south to Ho‘okena Beach Park he saw a second pod of dolphins with babies jumping and spinning in Kauhakō Bay. This time, the pod had unwanted company.

About a dozen snorkelers were following the dolphins, including one person who swam in front of the patrol boat to get closer to the marine mammals. Carruthers leaned over the edge and told the swimmer: “You have to stay 50 yards away from the dolphins.”

Ocean recreators in Big Island waters are the worst offenders in the state of this distance regulation, which NOAA Fisheries implemented in September 2021 to curb harassment of the marine animals.

Since the regulation took affect, the agency’s Office of Law Enforcement Pacific Islands Division has conducted more than 614 patrols to protect the dolphins.

Violators usually receive a citation, which are written notices that are typically settled by payment of fines, ranging from $100 to $1,000.

And, Carruthers said, “It has to be so egregious for us to make contact.”

So far this year, 47 citations have been issued, with 41 fines totaling $10,900. Violations occurred in Hōnaunau Bay, Honokōhau Harbor, Ho‘okena Beach Park, Kailua Bay and Noio Point.

In 2023, the agency issued 34 citations, resulting in $6,500 in fines. Violations occurred in Kealakekua Bay, Ho‘okena Beach Park, Kailua Bay, Keauhou Bay and Magic Sands Beach Park, with the most blatant occurring in March when 33 swimmers were caught aggressively pursuing a pod of dolphins in Hōnaunau Bay. All of them were cited and fined.

Carruthers said a NOAA officer will patrol the bays for violators by land and sea, with Honokōhau Harbor the site of most citations.

And while “80 percent of people are doing the right thing,” NOAA receives calls almost daily from the public who report people violating the rule, Carruthers said.

Because of understaffing, the agency partners with a variety of agencies to help keep a watchful eye on the Big Island’s waters.

NOAA has an agreement and “solid working relationship” with the state Division of Conservation and Resources Enforcement to patrol more than 700 miles of coastline throughout Hawai‘i and deal with violators of the regulation. The U.S. Coast Guard also conducts patrols.

Through the joint enforcement agreement, the federal and state agencies have responsibility for protecting species under the Marine Mammal Protection Act.

“Together, our officers and special agents respond to complaints relating to spinner dolphin harassment,” said Martina Sagapolu, Assistant Director for the agency’s Office of Law Enforcement, Pacific Islands Division.

When the dolphins enter the bays they are partially awake and come to the surface to breathe, according to NOAA. The rule was implemented to allow the dolphins to rest in the bays during the day after feeding offshore at night.

Carruthers said the dolphins, who also come into the bays to socialize and breed, “go into a trance.”

But South Kona resident Damien Kenison doesn’t think the federal agency’s rule has been effective.

Kenison is president of Kauhakō Ohana Association, a community nonprofit formed by lineal descendants of the Kauhakō/Ho’okena ahupua‘a (land division) in South Kona, with a mission to perpetuate the cultural tradition of opelu fishing wa’a (canoe) to feed their families as well as sustainable and appropriate resource management of the bay.

This includes protecting the spinner dolphins that come to rest in its waters.

Kenison has watched the dolphin visits diminish in Kauhakō Bay throughout the years. He said the nai‘a (dolphins) used to come to the bay regularly to rest, but over time he’s seen less of them. He attributes this to the groups of people who come to the beach for the purpose of swimming with the animals.

Kenison said the people pursuing the dolphins are often residents, and unfortunately, tourists see their actions and think it’s OK to swim with the animals.

Kenison said his group reports violations several times a week to NOAA. But by the time an officer gets to the bay, the dolphins have already left.

Kenison’s group proposed a time closure at the bay from 6 a.m. to 3 p.m. daily to allow the spinner dolphins to rest in the bay undisturbed.

Science proves, Kenison said, that the dolphins need rest to survive and socialize.

“When you disrupt the cycle, it negatively impacts the fisheries,” Kenison said.

Carruthers said it is easy to tell when dolphins get stressed out because their behavior changes. While it’s amazing to witness the tail slapping and leaping, the change in methodic swimming can be attributed to stress.

Shelley Carey, co-owner of Dolphin Discoveries, used to offer dolphin swims but says his company now offers dolphin watches from a distance due to the federal rule.

Carey was part of a lawsuit against the National Marine Fisheries Service within the National Oceanic Atmospheric Administration in 2022 that claimed the rule was unconstitutional. Click here to read the lawsuit.

Following the rule’s implementation, Carey claimed losing 1/3 of his revenue after switching from swims to dolphin watches.

At the time the rule was instituted, Carey said commercial operators asked the agency to regulate the rule with permits to allow operators to enforce the rule, which NOAA declined.

“There’s nobody out on the water more than tour operators,” Carey said.

He said people find a connection with the dolphins because they are highly intelligent and have an array of human-type emotions.

Before the rule was put in place, Carey said he believed most commercial operators weren’t harassing the animals and thought it was a small number of people who ruined dolphin swims for everyone.

“If the dolphins don’t want to be by you, they’ll swim away,” he said.

Bill Murtagh, commercial tour operator out of Keauhou for more than 20 years, said he has stayed away from dolphin swims and thinks there should be better management in how people interact with the animals.

“I honestly believe there was some harm there because the animals weren’t resting,” Murtagh said. “People are always trying to find loopholes and find ways to get the dolphins to approach them. They should work with the operators to create a set of rules.”

Murtagh said it’s up to the operator to operate ethically, adding: “How do you enforce a 50-yard rule? It’s a hard thing to really enforce.”

NOAA agrees that manpower is limited to enforce more than 40 different laws and support international treaties across more than 1.5 million square nautical miles in the Pacific Islands region.

To help, state officers provide patrol coverage of known hot spots as frequently as possible.

As a special agent, Carruthers said his primary mission is to enforce laws regarding the fisheries, which include illegal taking of animals, overfishing and mislabeling seafood. He also investigates reports of individuals or tour groups that harass spinner dolphins in Hawai‘i Island’s bays.

Under the joint enforcement agreement, suspected violations of the Marine Mammal Protection Act concerning spinner dolphins are referred to the National Oceanic Atmospheric Administration’s law enforcement for review.

Through Legislative action in 2022, the State Legislature increased Division of Conservation and Resource Enforcement officer positions by providing funding to create 12 new positions to establish full-time marine units across the state. These positions will assist in providing a more visible law enforcement presence and increased ability to respond to violations within state waters.

The public is advised to report incidents where they see people approaching, swimming with or closely interacting with spinner dolphins. To submit a report, call the following numbers:

• NOAA Marine Wildlife Hotline: 888-256-9840 (best number for all protected marine wildlife emergencies, enforcement is option 6)
• NOAA Office of Law Enforcement: 800-853-1964
• DOCARE: 808-643-DLNR (3567)

Send videos, photos, and social media links to respectwildlife@noaa.gov or download and submit a report through the DLNRTip app.